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Leasing News is a web site that posts information, news, and
entertainment for the commercial bank, finance and leasing industry

kitmenkin@leasingnews.org
   


Leasing Operations Manager
San Antonio, Texas

Leadership role in building a team focused on credit, documentation and funding functions for a dynamic high growth business operating in both captive and non- captive lift truck markets.
Click here for full description.

Contact: Monet Pitts, HR Manager
mpitts@minercorp.com

flexxrl.com
Quality Controlled Material Handling Equipment Rent, Finance, or Lease up to 84 months, Maintenace, too.

 

Thursday, July 17, 2014



Today's Equipment Leasing Headlines

Archives—July 17, 2000
   BULLETIN BOARD
  Classified Ads---Senior Management
Who is Financing the Other Four?
  by Christopher Menkin
   Google & Facebook Utterly Dominate Mobile Advertising
Beige Report—Federal Reserve Economic Activity
   Continued to Expand
 New Hires---Promotions in the Leasing Industry
   Leasing Industry Ads---Help Wanted
Microfinancial Reports $2.5 Million 2nd Quarter Profit
   Approves 410 New Dealers and Brokers
    Business Solar Panel Financing
     by Thomas L. Cadle, CLP
  Your Customer is Always Your Customer at Channel Partners
Iowa Court Upholds the Use of Dragnet Clause
   By Tom McCurnin, Leasing News Legal News Editor
     ELFA Digital Tool for Members/Non-Members
       Labrador Retriever Mix
        Seattle, Washington  Adopt-a-Dog
   Dawn of the Planet of the Apes/Life Itself
    Bad Words/Jimmy/Pickpocket
     At the Theater/Amazon-Netflix by Fernando Croce
       International and National Leasing Conferences
   Some Early Bird Discounts Expiring
News Briefs--- 
Conceptual differences hamper lease accounting project
 Lending growth spurs US Bancorp to 2Q profit record
  U.S. Bancorp's (USB) CEO Richard Davis on Q2 2014 Results
   Why the Apple-IBM Deal Matters More to Banking Than You Might Think
    Lessor AerCap exercises options for 50 Airbus A320neo jets
     US lessor orders 60 Airbus A321neo jets worth US$7.23b
      Uber Says Boston Boat Service a Success

Broker/Funder/Industry Lists | Features (writer's columns)
Top Ten Stories Chosen by Readers | Top Stories last six months

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[headlines]

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Archives—July 17, 2000
BULLETIN BOARD

(These are postings for informational purposes. Any response, correction, addition, will be posted. We reserve the right to edit or delete any opinion that is not in good taste or is outright derogatory).
Universal Capital Cut Off by BSB 7/12 
Universal Capital Service 7/5 
Parker Leasing and Financing 6/16
Universal Capital Service 6/12 
Metropolitan Group Question 6/12

Bruce Zwillinger, BSB, cuts off Universal Capital Service


Bruce Zwillinger, BSB, cuts off Universal Capital Service, Springhill, Florida informs NAELB of their action. This company is not returning money to lessees from deals funded by BSB. There have been many attempts to get money returned to lessee, but there have been broken promises by Universal Capital Service. 
7/12

Universal Capital Services

Source states Universal Capital Services, Springhill, Florida, took up-front fees on deals and has not returned them to lessees. Lessee is complaining to funding source. This is the third complaint received on this. Source is trying to find out more and requests this be posted on bulletin board. Source will allow us to state name, if this is not resolved.
7/5

Parker Leasing

$25,000 SD, $29,000 first and last three months… did not return money to Parker Leasing and Financing, Ft. Lauderdale, Florida. No web site, no district attorney complaints, advised to pull a D&B, find out who the secured parties are and if I can identify them, will give them the person to call at the funding source to hear the full story about what is happening. Parker Leasing and Financing refuses to return commitment fee and first and last.
6/15

Universal Finance / Universal Manufacturing

Avoid this company like the plague. I believe that if it is the same one, they also run companies under the name(s) Universal Manufacturing - (Vendor) & Universal Finance (credit repair company). I'll look up the e-mail I received on this a while back. I think what the story was is that Universal Capital would submit a deal to funding source, then if declined due to personal credit, Universal Finance would repair credit then resubmit elsewhere. The vendor would be Universal Manufacturing who would sell $2,000 computers for $40,000 invoice (just under F/S disclosure). Then they split excess with lessee. Though I'm not sure about the Florida part. I'll get back with the additional info ASAP.
6/12

Universal Capital

Do you know anything about Universal Capital Services, Inc., in Spring Hill, Florida. One of the lease brokers I work with is having trouble getting paid on a deal. He thinks the company is owned by Jim and Anita Koper. Please let me know if you hear anything. Thanks.
6/12

Metropolitan Mortgage

Metropolitan Mortgage and Sec in Washington had a division that funded the lesser credits. Well they have stopped and are not honoring their approvals if they don't already have signed docs. This was told to me by a broker in Arizona who has 10 deals sitting with them and she is now scrambling to replace them.
6/12


   ((Please click on ad to learn more))
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Classified Ads---Senior Management

(These ads are “free” to those seeking employment or looking
to improve their position)

Tampa, FL
Executive leader accomplished in leasing operations, finance, sales and marketing seeking new opportunity. Capitalizes on strategic, ideation, communication and analytical strengths to identify opportunities, formulate solutions and articulate strategies that drive increased sales productivity, incremental revenue, operating expense reductions and customer acquisition and retention. Reg.Lindholm@gmail.com



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Who is Financing the Other Four?
by Christopher Menkin

eCreditDaily.com reports "Big banks are now approving one-in-five small business loan applications, a post-recession high...Meanwhile, small banks may be down slightly in approval rates (by two-tenths of a percent), but they are granting more than half of all requests they get from entrepreneurs.

"Small business loan approval rates at big banks ($10 billion-plus in assets) rose to 20 percent in June from 19.6 percent in May. Approval rates at small banks slipped to 51.4 percent from to 51.6 percent last month."

What about the other four who were not approved?  Are these to Lending Club or Channel Partners or OnDeck or to Ascentium or Financial Pacific or Axis Capital?  Where are they going?

“The strong return of banks in small business lending indicates three things: overall improving economy, entrepreneur confidence that they will be able to borrow for expansion and repay the loans, and the increasing ease and popularity of SBA lending,” explained Biz2Credit CEO Rohit Arora, who oversaw the research. “This is a sign that the economy continues along the right path.”

But what about the other four?  The Beige Report that follows shows "modest" to "moderate" growth, as well as banks that are paying large fines, primarily for the mortgage debacle, are still quite profitable.  But who is financing the other four turned down by the banks?

Federal Reserve Chair Janet Yellen in her semiannual Monetary Policy Report in front of Congress on Tuesday related that rates will likely remain low and monetary policy will remain accommodative, inflation is not expected to reach 2%, but was worried about
leveraged loans, low-grade debt (junk bonds), as well as social media and biotech companies (many of the assets are basically the value of the stock purchased by investors) and rely basically on advertising.

In delivering the Fed’s semi-annual economic report to Congress, she said the recovery is not yet complete and for that reason, the Fed intends to keep providing significant support to boost growth and improve labor market conditions.

Not addressed was who would be financing the other four turned down by the banks.


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Beige Report—Federal Reserve Economic Activity
“Continued to Expand”

All twelve Federal Reserve Districts indicated that economic activity continued to expand since the previous report. The pace of economic growth was characterized as moderate in New York, Chicago, Minneapolis, Dallas, and San Francisco, while the remaining Districts reported modest expansion. Compared to the previous reporting period, Boston and Richmond noted a slightly slower pace of growth. Most Districts were optimistic about the outlook for growth.

Loan volumes rose across the nation, with slight to moderate increases reported in most Districts. Credit quality remained stable or improved slightly in most Districts, while San Francisco noted a slight decline. Credit standards were generally unchanged, although Richmond noted an easing of cost terms for well-qualified commercial and industrial borrowers, and Philadelphia and Chicago mentioned that competitive pressures were leading some financial institutions to take on higher credit risks.

Banking and Financial Services

Overall, banking conditions improved slightly from the previous reporting period. Nearly all reporting Districts indicated increasing loan volumes. Loan demand was strongest in the New York, Chicago, and Dallas Districts, where loan volumes rose moderately compared with the previous report. Loan volumes increased modestly in the Richmond, Atlanta, St. Louis, and San Francisco Districts, while Philadelphia and Cleveland noted a slight uptick. Commercial and industrial lending increased in the New York, Philadelphia, Cleveland, Richmond, Chicago, and St. Louis Districts. However, commercial and industrial lending decreased slightly in the Kansas City District. Commercial real estate lending exhibited slight to moderate growth in the New York, Chicago, Dallas, and San Francisco Districts. Growth in residential real estate loan volumes was mixed across the System. New York, Philadelphia, St. Louis, and Dallas reported growth, while Richmond, Atlanta, and Kansas City indicated slight declines in demand. Consumer lending increased in the New York, Philadelphia and St. Louis Districts, and construction lending expanded in the New York, Philadelphia, and San Francisco Districts. Most Districts cited stable or slight improvement in credit quality, while Dallas and New York reported moderate and strong improvement, respectively. San Francisco was the only District with a reported decline in credit quality. Bankers in the New York and Atlanta Districts reported decreases in delinquency rates for all loan categories, with rates reaching pre-recession levels in the Atlanta District.

Credit standards remained generally unchanged in most Districts. Contacts in the Philadelphia District expressed a growing concern for loans with risky terms as a result of strong competition among banks to secure new loans. In addition, banking contacts in the Chicago District cited competitive pressure on structure and pricing for traditional and leveraged business lending, particularly from nonbank financial institutions willing to take on higher credit risk. Though Richmond indicated an easing of cost terms for well-qualified commercial and industrial borrowers, credit standards for mortgage lending were described as strict.

Reports by District

Boston

New York

Philadelphia

Cleveland

Richmond

Atlanta

Chicago

St. Louis

Minneapolis

Kansas City

Dallas

San Francisco

Summary

Full Report

 


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New Hires---Promotions in the Leasing Industry

Richard Anello, ASA, was named Director of Asset Management at SunTrust Robinson Humphrey.  Previously he was V.P. Asset Management - Director of Investment Operations, Prudential Capital Group (2004–2014); V.P. Business Development, Textron Financial (June, 2001–June, 2004); V. P., The Dock Exchange / Lehman Brothers (January, 2000–May, 2001); Director, Asset Management GE Capital (November, 1995–January, 2000). Education:
Southern Connecticut State University, Bachelor of Arts, (B.A.), Business Communications (1980–1984).
www.linkedin.com/pub/richard-anello-asa/8/659/733 



Marc Bicking is now President at Epicstone Productions, New York, New York.  Previously, he was Finance Manager, Olympus Financial Services (July, 2003–January 2012); Finance Manager, De Lage Landen (November, 2000–March, 2003); Finance Specialist, Picker Financial Group (July, 1996–November, 2000); Director, Subsidiary Group Canon Financial Services, Inc. (July, 1988–July, 1996); Manager, Donlen Corporation (1988–1990). Education: The King's College, BS, Business Administration
www.linkedin.com/pub/marc-bicking/12/4/138



Matthew Bona joins Blue Bridge Financial, Buffalo, New York, as Credit Manager.  Previously, he was Dealer Account Manager, Westlake Financial Services (2013–July, 2014);  Portfolio Manager in Auto Floor Plan Division, M&T Bank (March, 2009–2013); Tax Consultant, Tax Technologies, Inc (2007–2009). Education: State University of New York at Buffalo, MBA, Business (2009–2012). Canisius College Bachelor of Science (BS), Accounting, Finance (2004–2008).
www.linkedin.com/pub/matthew-bona/15/a65/b8

John R. Black has been hired by Signature Financial as National Franchise Manager. He is “…responsible for loan origination, strategy and direction of Signature Financial’s franchise finance business. Before joining Signature Financial, Black served as Vice President - Business Development Officer for BankUnited in Miami where he handled franchise lending, primarily for fast-food restaurants. Throughout his career, he held a range of positions at Sovereign Bank, Imperial Capital Bank and Safeco Credit Co., all focused on franchise financing. During his 13-year tenure at Safeco, he was the leading originator of franchise financing loans. Black also was Vice President – Marketing for NFA Restaurant Finance and earlier in his career, spent nearly 10 years at Westinghouse Corp., in a range of credit-related roles. Black, a resident of Arlington, Texas, speaks often about franchise lending, and is a recognized industry resource. He holds a Bachelor of Arts Degree in Business Administration–Finance from the University of Georgia.”



Jeremy Borkowski
was appointed as Senior Vice President of Business Development, Nations Equipment Finance. He will be responsible for Nations’ lease and loan originations in Delaware, Maryland, Pennsylvania and Virginia. Previously, he was Senior Vice President, GE Energy Financial Services (1995 – July, 2014); Credit Analyst, ITT Capital Finance (1993 – 1993); Commercial Credit Analyst, Continental bank (1991 – 1993). Education: Saint Joseph's University, BS, Finance (1987 – 1991). Activities and Societies: Pi Kappa Phi
www.linkedin.com/pub/jeremy-borkowski/4/238/637


Grant Damery was hired as Commercial Financial Services Leadership Development Program, RBC Royal Bank, Vancouver, Canada. Previously he was Vice President, Vendor Financial Services Canada, RCAP Leasing (January 2006–July 2014); President & CEO, Qualica Financial Group Inc. (May 2000–May 2006); Manager, Business Development, CIT Group (September, 1995–May, 2000); Honors & Awards, Top Producer Pacific Region, CIT, December, 1999. Presidents Club, MCAP Leasing, 2007, 2008, 2009, 2010, 2011, 2012. Courses: RCAP Leasing, RBC Foundations for Financial Performance. Royal Bank of Canada Performance Enablement Champions. Education: Columbia, BSC. Agriculture, Agricultural Economics
(1991–1995). Activities and Societies: Phi Delta Theta Fraternity
ca.linkedin.com/pub/grant-damery/1/8a/35b

Thomas E. Eylander was named Senior Risk Underwriting Manager for Signature Financial’s franchise finance business.  He has “…35 years of related experience, most recently served as Senior Credit Analyst/Senior Underwriter at Pacific Continental Bank. He also held credit/loan administration roles at United Grocers, Inc. and Associated Grocers, Inc. Eylander spent 22 years at Safeco serving in a range of credit management and analyst roles, including working with Black in the franchise finance sector as Senior Risk Officer… Eylander, a resident of Mill Creek, Wash., earned both his Bachelor’s degree in Business Administration and a Master’s degree in Business Administration from Pacific Lutheran University in Tacoma, Wash.”

Nick Hart was named President at Sallyport Commercial Finance Houston, Texas.  Previously he was Managing Director, Bibby Financial Services (2008–June 2014); Managing Director, Bibby Factors North East (2006–2008); Managing Director, Bibby Factors Yorkshire (2002–2008) Operations Manager, Lloyds TSB Commercial Finance (1995–2002). Manager: Deloitte & Touche Leeds (1994–1995); Manager -  Abu Dhabi, Deloitte & Touche (1992–1994); Audit Trainee, Touche Ross Leeds (1990–1992). Education: Bradford University, Bsc Hons, Business Studies (1987–1990).
www.linkedin.com/pub/nick-hart/33/482/8a9


John Jenkins is now Partner/CEO, Capital Bridging at Omni Partners LLP, Twickenham, United Kingdom. Previously he was a CEO – in transition (September 2013–May 2014); CEO, GE Capital UK (2005–March 2013); Sales Director, Lloyds TSB Commercial Finance, Lttd. (1998–2005). Languages: French. Education: Brynteg CS (1976–1983).
uk.linkedin.com/pub/john-jenkins/a/597/344


Kristin Jones was hired as Vice President Contracts and Administration at Varilease, Greater Salt Lake City Area. Previously, she was VP of Operations, Mazuma Capital Corp (September, 2009–May, 2014); Operations Manager, NBF Capital (2004–2008); Documentation Manager, Wells Fargo Equipment Finance (1994–2004).
www.linkedin.com/pub/kristin-jones/40/307/b01

Richard Paine, Sr., was appointed National Marine Sales Manager at Signature Financial, LLC. Previously, he was National Finance Manager,  Commercial Marine Group, TCF Equipment Finance, Inc. (September, 2011 – June, 2014); Consultant/Principal, Marine-Finance.Com (January, 2009 – August, 2011); National Finance Manager -Commercial Marine, Key Equipment Finance (March, 2007 – December, 2008); Vice President/Senior Account Executive, The Associates/CitiCapital/GE Credit (June, 1999 – December, 2006); Regional Commercial Marine Business Development Manager, debis, Div. Daimler-Chrysler Financial Services (1997 – 1999); Marine Sales Manager, Penske GM Power (1980 – 1985); Associations: Board Member, Associate, Passenger Vessel Association (1998 – 2010). Associate Member, Offshore Marine Service Association (OMSA) (April, 2006 – November, 2008). Associate Member, American Waterways Operators (April, 1998 – November, 2008). Member, Society of Naval Architects and Marine Engineers (October, 1995 – January, 2000). “Paine resides in Island Park, N.Y. and will work from Signature Financial’s Melville, Long Island, N.Y. offices. He writes about the commercial marine business for industry trade publications and also is a speaker and moderator on relevant subject matter.” Education: New York University, Pre-Med (1970 – 1972).  Awards: David Clark Award for Editorial Excellence. Organizations: American Waterways Operators, Passenger Vessel Association, Offshore Marine Supply Association. Interests: Fine wine, good bourbon and an occasional good cigar.
www.linkedin.com/pub/richard-paine-sr/9/255/999

Michael Pesono joins Blue Bridge Financial, Buffalo, New York, as Credit Analyst. “As a member of the growing credit department, Pesono will focus on small business credit analysis and underwriting, including direct correspondence with borrowers, customers and loan originators. Prior to joining Blue Bridge, Mike was part of the game presentation and special events team with the Buffalo Sabres. He holds a bachelor’s degree in marketing from Saint Joseph’s University.”

John Svitak was hired as Commercial Underwriter at Proficio Bank, Greater Salt Lake City area. Previously, he was owner JRS Enterprises (April, 2013–July, 2014); Chief Operating Officer, Paradigm Commercial Capital Group (April, 2012–April, 2013); VP Of Credit, Onset Financial (September, 2009–April, 2012); Commercial Loan Portfolio Manager, Zions First National Bank (September, 2006–September, 2009); Credit and Syndications Administrator, Applied Financial (2003 – 2006); Loss Mitigation Supervisor, Fairbanks Capital (1999–2003); Loan Officer, Wells Fargo Financial (1995–1997). Education: Westminster College, BS, Finance (2000–2004).
www.linkedin.com/pub/john-svitak/16/964/111

Alexander D. Widell has joined the firm of Moritt, Hock & Hamroff LLP., Garden City, New York. as a Partner in its Commercial Litigation practice group at the firm's Garden City office. “We look forward to working with Alex as we continue to grow our practice both on Long Island and in New York City," stated Managing Partner Marc Hamroff. Previously, Mr. Widell  WAS A Partner at Sullivan.Ruvoldt, PLLP (December, 2013-July, 2014); General Counsel, Tribeca Sales & Development LLC (July, 2013–Present.  He joined Bickel & Brewer as counsel in March, 2005, then became a Partner (January, 2008-June, 2013). Education: New York Law School, Doctor of Law (JD), Law
(1987–1990); State University of New York at Albany, Bachelor of Arts (BA) (1982–1984).
www.linkedin.com/pub/alexander-widell/a/451/1b4

 



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Leasing Industry Help Wanted

 

Collector, Atlanta, GA

Experienced, calling 11-90 day delinquent customers, assisting Asset Re-marketer with delinquency reporting, weekly reporting to home office.

Sales, Chicago, Atlanta

Work out of main office and satellite. Heavy phone sales calling on both independent dealers and end users (cold/warm calling), marketing, weekly reporting to management. Outside territorial salespeople will also be considered.

Contact: Michael Testa 312-881-3133 mtesta@secondcityleasing.com

www.secondcityleasing.com
Financing for Commercial Truck & Trailer, Exotic, High Line, Vintage & Classic Automobiles, Taxi, Livery & Paratransit

 

Leasing Operations Manager
San Antonio, Texas

Leadership role in building a team focused on credit, documentation and funding functions for a dynamic high growth business operating in both captive and non- captive lift truck markets.
Click here for full description.

Contact: Monet Pitts, HR Manager
mpitts@minercorp.com

flexxrl.com
Quality Controlled Material Handling Equipment Rent, Finance, or Lease up to 84 months, Maintenace, too.

 


For information on placing a help wanted ad, please click here:
http://www.leasingnews.org/Classified/Hwanted/Hwanted-post.htm

Please see our Job Wanted section for possible new employees. 


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Microfinancial Reports $2.5 Million 2nd Quarter Profit
Approves 410 New Dealers and Brokers

For the six months ended June 30, 2014, net income was $4.6 million, compared to net income of $4.7 million for the same time period in 2013.

The Company approved over 410 new dealers and brokers for the quarter which represents an increase of 41.9% as compared to the same period last year.

Located in Burlington, Massachusetts, and Westlake, California, recently up-dated its web site with many features to attract brokers and vendors via its subsidiary, TimePayment, which specializes in leases from $500 to $15,000; current average of $4,900

TimePayment reportedly offers “a web based application and credit approval process for its vendors which provides credit decisions usually within 2-3 minutes,” according to http://www.microfinancial.com/


Richard Latour
CEO/President
Microfinancial

"We realized a 15% increase in the number of lease applications processed for a total of 43,345 applications and a 19% increase in application dollars for a total of over $258 million.” Richard Latour, CEO/President of Microfinancial said.

"The number of contracts funded during the first half of 2014 increased to 10,422 representing $50.8 million which represents increases of approximately 13% and 16% over 2013 performance, respectively. In addition, cash received from customers continues to improve and increased approximately 9% to over $69 million.

"During the quarter, we also improved our technology platform through a complete revision of our TimePayment website which incorporates new functionality and features designed to improve the online experience for our vendors, brokers, and lessees."

The Company paid a cash dividend of $0.07 per share.

Full Press Release with Financial Statement:
http://www.leasingnews.org/PDF/Micro_7172014.pdf 

 



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Business Solar Panel Financing
by Thomas L. Cadle, CLP

We are seeing a much more active market for both Municipal and Commercial transactions, but the opportunity of the summer has been the amazing “Solar Pro” project financing program that we offer.  “Solar Pro” leasing has stirred a great amount of interest with both vendors and clients and now you and your clients will experience a much more competitive simplified experience as well.  We have always offered an economical ProLease structure for general equipment, but now we can finance solar installations and take full advantage of the 30% ITC Credit and the Depreciation to reduce the clients monthly payments drastically.

I want to give you an example of just how low the monthly payments have dropped by using the available credits along with our low rates.

Sample Costs of Equipment:
$300,000.00
84 Month Solar Pro Factor:
.006084
Monthly Payment:
$1,825.20
Total of Payments:
$153,316.00
Residual if 20%:
$60,000.00
Total Client Cash Out:
$213,316.00

Total Debt Service is only 71% of the cost of equipment and they own it.

This is the tremendous advantage of using the tax credits within the structure of the transaction.

Thomas L. Cadle, CLP
Leasource Financial Services, Inc.
1000 River Rock Drive, Suite 218
Folsom, CA 95630
800-991-0099 Voice
800-988-3931 Fax
tcadle@leasource.com

 



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Iowa Court Upholds the Use of Dragnet Clause
By Tom McCurnin  
Leasing News Legal News Editor    

Iowa Law Disfavors Dragnet Clauses Which Pull the Balance on Other Obligations as Security for Primary Obligation.  Case Underscores Desirability of Such Clauses in Commercial Loans and Leases 

Wells Fargo Bank, N.A. v. Valley Bank and Trust 2013 WL 4767889 (Iowa App. 2013).

Dragnet Clauses basically say that the security for one obligation also secures such additional obligations as the borrower may have to the financial institution. It “drags” other secured debts to be secured for another obligation. They’ve also been called Additional Advance Clauses. A related clause, called a Cross-Default Clause, simply states that a breach of any other obligation owed to the bank is a default of all the others.

The Iowa Courts are no fan of Dragnet Clauses and they are strictly construed. So it came as no surprise to me that an Iowa trial court struck down a Dragnet Clause.  What was surprising was that the lender was rescued by the Iowa Court of Appeals, which enforced the clause.  The facts follow.

Edward and Kristine Lewin executed a mortgage to Wells Fargo Bank. Subordinate and junior to that first priority mortgage were mortgages by Valley Bank ($46,000) and Primebank ($110,000). When Lewin defaulted, Wells Fargo Bank foreclosed and sold the property. However, after the Sheriff’s sale, there was a considerable amount of surplus proceeds which would have been sufficient to discharge Valley Bank’s debt entirely, and some of Primebank’s mortgage as well.

But Valley Bank had two loans with the Lewins, and their mortgage in question contained a “Dragnet Clause” which made the property secure not only the $46,000 mortgage, but any obligation the Lewins might have in the future to Valley Bank. That second Valley Bank loan was for an automobile business the Lewins’ owned, and they borrowed $100,000 from Valley Bank. 

Therefore, after the Sheriff’s sale, Valley Bank argued that all the proceeds should be paid to Valley Bank because the first loan and the second loan had a “dragnet clause” which said that the mortgage collateral was also collateral for any obligation owed to Valley Bank, and there was a corresponding clause in the second loan which referenced the collateral.

Primebank argued that only Valley Bank’s mortgage balance (not the automobile loan) could be asserted against the surplus proceeds, because the dragnet clauses are “strictly construed,” and according to Primebank, this particular clause was not terrible clear.  The trial court agreed with Primebank, because under Iowa law, dragnet clauses are strictly construed and disfavored. 

On appeal, the Iowa Court of Appeal reversed and held that the two Valley Bank notes were intended to be secured by the single mortgage, because they were executed at the same time by the borrowers.  Thus, the entire surplus could go to Valley Bank. 

The case is not terribly important except to underscore the desirability of the using Dragnet Clauses, Cross-Default Clauses and related terms in loan or lease documentation.  You just never know when you might get lucky. 

Wells Lewis Case
http://www.leasingnews.org/PDF/WellsLewinCase_2014.pdf

Tom McCurnin is a partner at Barton, Klugman & Oetting
in Los Angeles, California.


Tom McCurnin
Barton, Klugman & Oetting
350 South Grand Ave.
Suite 2200
Los Angeles, CA 90071
Direct Phone: (213) 617-6129
Cell (213) 268-8291
Email: tmccurnin@bkolaw.com
Visit our web site at www.bkolaw.com

Previous Tom McCurnin Articles:
http://www.leasingnews.org/Conscious-Top%20Stories/leasing_cases.html

 

John Kenny 
Receivables Management

• End of Lease Negotiations & Enforcement
• Fraud Investigations
• Credit Investigations • Asset Searches 
• Skip-tracing • Third-party Commercial Collections

john@jkrmdirect.com | ph 315-866-1167| www.jkrmdirect.com

(Leasing News provides this ad as a trade for investigations
and background information provided by John Kenny)


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ELFA Digital Tool for Members/Non-Members

This brochure is designed to help you learn more about using equipment leasing and financing to operate and grow your business. Although aimed for ELFA member benefit to put their logo or use to obtain business, it has many features, ideas, and information for non-members.  It is worth viewing. It is free.

http://www.equipmentfinanceadvantage.org/index.cfm

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Labrador Retriever Mix
Seattle, Washington  Adopt-a-Dog



Porter
ID #: 7505153
Gender:     Male
Size: Medium
Age: 5 years, 2 months
Introduce to: Kids 12yr+, Dogs, Cats

“This handsome gentleman is Porter. He is a 5 year old Labrador retriever mix who has a smile that will light up the room. Porter is a super smart guy! He loves to earn his treats by showing you his tricks – sit, down, shake, high five and more! Porter is more than happy to learn more and will be a star in any training class he takes. This happy guy is great on a leash and enjoys his walks. Come meet Porter at the Seattle Humane Society!

“As with all of our dogs, Porter has been neutered, microchipped, vaccinated and behavior tested. He will go home with a certificate for an examination by a King County veterinarian and an identification tag. PLUS, most dog adoptions include 30 days of pet insurance from Trupanion and six weeks of training in one of our on-campus dog behavior course – a great way to start off on the right paw!

“Introduce to children 12 years and older. Resident dogs are required to visit Porter before adoption. Introduce to dog-savvy cats. Please see our adoption advisors for additional behavior information.”

Visit Our Pets In Person
Seattle Humane Society
13212 SE Eastgate Way
Bellevue, Washington 98005
(425) 641-0080

Adoption Hours
Sunday – Wednesday | 11 a.m. – 6 p.m.
Thursday – Saturday | 11 a.m. – 8 p.m.

Adopt a Pet
http://www.adoptapet.com/

 

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Fernando's View
By Fernando F. Croc

A rollicking sci-fi blockbuster ("Dawn of the Planet of the Apes") and a touchingly intimate documentary ("Life Itself") come to theaters, while DVD releases offer tart comedy ("Bad Words"), eccentric drama ("Jimmy P."), and a shattering classic ("Pickpocket").

In Theaters:


Dawn of the Planet of the Apes (Twentieth-Century Fox): The "Planet of the Apes" franchise continues with this rollicking sci-fi adventure, which picks up where 2011's "Rise of the Planet of the Apes" left off. When last seen, Caesar (performed by Andy Serkis) was a genetically evolved ape struggling to create a haven for himself and fellow primates. Years later, however, after most of the human population has been wiped out by a plague, earth has become a battlefield between survivors and the growing ape population. The truce achieved between Caesar and the human becomes shaky due to the more bellicose warriors on both sides, and soon a full-fledged war threatens to break out between the two species. Directed by Matt Reeves ("Cloverfield," "Let Me In"), the film brings expert tension, robust ingenuity, and even unexpected humanism to a chapter that's among the series' very best.


Life Itself (Magnolia Pictures): The most popular of all movie critics, Roger Ebert (1942-2013) was a consistently honest and engaging voice in film writing, so it's fitting for him to now have an exceptional documentary dedicated to his memory. Director Steve James ("Hoop Dreams") had intimate access to the last months in Ebert's life, when he was struggling with a series of health problems with his wife Chaz by his side. While following the couple through these tough times, the film also gives a portrait of Ebert's life, from his early days as a dynamic Chicago journalist to his iconic role as half of the "Siskel & Ebert" TV show (including hilariously combative behind-the-scenes footage of the duo). Though difficult at times to watch, James' documentary remains a heartening experience, a view of the passion, grace, and cinematic love behind this beloved critic's words.

Netflix Tip: With the new "Planet of the Apes" release, it's time to check out some of the best entries in this colossally successful franchise. There's of course the original 1968 film, but let's not forget the one-of-a-kind sequel "Beneath the Planet of the Apes" (1970), the satirical "Escape from the Planet of the Apes" (1973), the remarkably radical "Conquest of the Planet of the Apes," and the 2011 reboot "Rise of the Planet of the Apes."

On DVD:

Bad Words (Focus Features): After years of deft comic support in TV and movies, Jason Bateman tries his hand at directing with promising results in this ribald comedy. Bateman also stars as Guy Trilby, a 40-year-old man who, after discovering a loophole in the national spelling bee's rule book, starts crashing every single competition. As he wrecks havoc and takes home prizes, he becomes the archenemy of angry parents, irritated organizers, and eager kids. What lies behind Guy's obsession with winning awards at a children's contest? With his 10-year-old friend and competitor Chaitanya (Rohan Chand) by his side, he takes his ruthless approach all the way to the top. Serving up a banquet of sarcastic humor seasoned with bits of sly sweetness, Bateman's film is an entertainingly tart break from cinematic politeness.


Jimmy P. (MPI): In his first American movie, French director Arnaud Desplechin brings his knack for offbeat characters and idiosyncratic style to this bittersweet drama. Benicio del Toro plays the Jimmy of the title, a Native American man suffering from psychological problems after fighting in World War II. Sent to a clinic in Texas, he meets Georges (Mathieu Amalric), the progressive French physician assigned to help him with the healing treatment. Over the course of their therapy sessions, where subjects range from fears and trauma to family and dreams, the two form an unlikely but strong bond. But can this friendship overcome Jimmy's shell-shocked problems? Addressing complex subjects with intensity, sensitivity and humor, Desplechin's film is a seemingly modest work that leaves a lingering emotional effect.


Pickpocket (Criterion): Stylistically challenging and emotionally profound, French master Robert Bresson created visions as uncompromising as any in all of cinema. This 1959 drama in many ways crystallizes his approach, taking a story that could have been a mere crime thriller and transforming it into a portrait of spiritual struggle. Michel (Martin La Salle) is an orphaned young man whose life depends on stealing from others in the streets of Paris. Though he justifies his action to himself through a personal code of ethics, existential angst weighs down on him like a pile of bricks. Pursued by a police inspector (Jean Pelegri), he finds a light amid the darkness in the form of Jeanne (Marika Green), a woman who might help his path to redemption. Though not for every audience, this is a magnificent film, overflowing with Bresson's mysterious blend of stripped-down visuals and enormous compassion. With subtitles.

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International and National Leasing Conferences
Some Early Bird Discounts Expiring

 

 


September 4-6
2014 Eastern Regional Meeting
Lord Baltimore Hotel
Baltimore, MD

Registration/Schedule Available

 


September 10-12
Canadian Finance and Leasing Association
The Fairmont Chateau Whistler
Whistler, British Columbia

Registration now Open, Program Available
http://www.cfla-acfl.ca/events/cfla-annual-conference-2014/

 


September 18-20

Hyatt Regency San Antonio Riverwalk
123 Losoya Street
San Antonio, Texas  78205
United States

Event Schedule
http://www.nefassociation.org/events/Sessions.aspx?id=387999

Event Registration
https://nefassociation.site-ym.com/events/register.aspx?id=387999&itemid=bb564651-1581-4b73-80f0-0894716338dc 

 

September 19 - 20, 2014
Tianjin, China
Sudhir Amembal: 
The First Global Leasing Industry Competitiveness Forum
For More Information:
kelly@amembalandassociates.com

Qualified leasing professionals from outside of China will not be charged any registration fees. They are, however, expected to pay for all their travel expenses including accommodations and meals at the venue.

From the Chinese side, the speakers will include prominent leasing company executives and supportive governmental representatives; from the international side, the speakers will be drawn from senior executives from leading leasing companies and others who have played a vital role in leasing's international growth.

More Information about the Conference free to those attending from outside China:
China Forum PDF

 

October 9 -10
Eurostars Grand Marina
Barcelona, Spain

Booking of rooms at the Grand Marina is to be done by filling in a Hotel Reservation Form, which can be downloaded from the Annual Convention website at:
http://www.annual-convention.eu/index.php?page=accommodation

Last year's event was a resounding success with more than 500 participants from across Europe as well from Australia, Canada, China, Morocco, South Korea and the USA.

Registration/Further Information:
http://www.annual-convention.eu/




October 19-21
2014 53rd Annual Convention
Manchester Grand Hyatt
San Diego, CA

Early Bird Registration Now Open
http://www.elfaonline.org/events/2014/ac/reg.cfm

 



Cosmopolitan, Las Vegas, Nevada

 It will bring together critical decision makers concerning credit and collections 
from all facets of financial services.

Agenda
http://www.collectionscreditrisk.com/conferences/fscc/agenda_preview.html

Registration
http://www.collectionscreditrisk.com/conferences/fscc/reginfo.html



November 5-7
34th Annual AGLF Fall Conference
Loews Ventana Canyon
Tucson, Arizona

November 6 - 8
2014 Western Regional Meeting
Hyatt Regency Irvine
Irvine, CA

 

November 11-13

The 2014 Middle East Leasing Summit to be held November 11-13 at the JW Marriott Marquis Hotel Dubai is reported to be strongly supported by leading leasing companies and international leasing association. 

This summit will gather regional government officials, vendor representatives, national organizations and industry leaders to interpret the air finance from the aspect of market situation, regulatory, growth point and second hand aircraft to better understand Middle East air finance market.

The conference promises "Deep insight into Middle East leasing market climate with introduction of Islamic Finance’s application and banks’ involvement. There is no doubt that this summit will provide a premier platform for its delegates to establish strategic cooperative partnerships, expand business. We firmly believe that your outstanding industrial background and broad knowledge would contribute significantly to the quality and scope of this
summit."

For more information, please visit the official website at
http://www.duxes-events.com/LeaseME/



November 12 - 14
Commercial Finance Association
70th Annual Convention
Washington Marriott Wardman Park
Washington, D.C.

 



November 16 -17
NJ Expo Regional
Teaneck, New Jersey
(Sunday evening- All Day Monday)

 

November 18 - 21, 2014
Istanbul, Turkey
The Third Annual Operating Lease Conference

"Three prominent and qualified speakers have been added to the agenda.
They are: Stephan van Beek, Senior Director Sales & Marketing Development - EMEA, Oracle Financing, an expert on software leasing; Arnaldo Rodriguez, President – International Division, CSI Leasing, who is the epitome of having successfully globalized the product; and, Esteban Gaviria, CEO, Leasing Bancolombia, who leads the most successful bank-held operating leasing company in Latin America. I will chair the conference and also teach a two-day seminar preceding the conference."
          Sudhir Amembal

For More Information:
kelly@amembalandassociates.com



CFA Related Conferences
http://www.leasingnews.org/PDF/CFAConferences_2014.pdf

CFA Network Calendar
http://www.leasingnews.org/PDF/CFAEventsCalendar_2014.pdf

ELFA ---2014 Schedule of Conferences, Workshops
and e-Learning Opportunities
http://www.leasingnews.org/PDF/ELFA2014ScheduleInfo_1212014.pdf

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News Briefs----

Conceptual differences hamper lease accounting project
http://www.accountancyage.com/aa/analysis/2355201/conceptual-differences-hamper-lease-accounting-project

Lending growth spurs US Bancorp to 2Q profit record
http://www.startribune.com/business/267324491.html

U.S. Bancorp's (USB) CEO Richard Davis on Q2 2014 Results
 - Earnings Call Transcript
http://seekingalpha.com/article/2318355-u-s-bancorps-usb-ceo-richard-davis-on-q2-2014-results-earnings-call-transcript?uprof=52

Why the Apple-IBM Deal Matters More to Banking
   Than You Might Think
http://www.bankinnovation.net/2014/07/why-the-apple-ibm-deal-matters-more-to-banking-than-you-might-think/ 

Lessor AerCap exercises options for 50 Airbus A320neo jets
http://www.reuters.com/article/2014/07/14/airshow-britain-aercap-hldg-idUSL6N0PP2VZ20140714

US lessor orders 60 Airbus A321neo jets worth US$7.23b
http://www.channelnewsasia.com/news/business/international/us-lessor-orders-60/1263172.html   

Uber Says Boston Boat Service a Success
http://www.boston.com/business/technology/2014/07/15/uber-says-boston-boat-service-success/ztNq3BLjSEvzR79VHhVFoK/story.html 

 

 


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--You May Have Missed It

Warren Buffett buys a new Caddy
http://money.cnn.com/2014/07/15/autos/warren-buffett-cadillac-xts/index.html



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SparkPeople--Live Healthier and Longer



This Easily-Amused Baby Will Make Your Day
http://www.sparkpeople.com/resource/dailyspark-videos-detail.asp?video=98




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Baseball Poem

Dodger Blue

by Richard Aberdeen©(August 20, 2003)

Sung to the tune Deportee by Woodie Guthrie & Marting Hoffman

    The chalk lines are faded, the bleachers are empty
The parking lot's vacant at the ravine stadium
The fans have all taken up bad-mitten and checkers
On a hot summer evening there's nothin' else left for fun
The owners' and players' greed knows no boundaries
They've taken the fans on a phony hype ride
Though they both earn enough money to buy a jet airplane
'Till they have more than God, they won't be satisfied
Now, is this the best way to run America's pastime?
Is this fair to the fans who are loyal and true?
Like the late Billy Martin and Tommy Lasorda
There's no more real Yankees, no one bleeds Dodger Blue
 
Goodbye to Ty Cobb, Joe DiMaggio and Babe Ruth
Adios Lou Gehrig and true heroes for our youth
You won't see the great Clemente up on the big sports screen
The owners and players all want. . . more money
 
Now, us fans in the bleachers all want a solution
To stop all your whining and complaining on earth
Let's forget about salaries and pay by statistics
For hits, runs and outs, you'll be paid what you're worth
If you hit sixty homers, you'll get you're few million
But if you pitch more balls than strikes you'd better run
Down to apply at the nearest Del Taco
We're tired of big babies who ruin baseball's fun
Let's return our national pastime back to the fans
Give big bucks to the players only when they come through
And like the late Billy Martin and Tommy Lasorda
We'll cheer for real Yankees and bleed Dodger Blue
 
Goodbye to Ted Williams, Stan Musial and Cy Young
Adios Mickey Mantle, Willie Mays and Hank Aaron
You won't see Charlie Hustle up on the big sports screen
The owners and players all want. . . more money

The chalk lines are redrawn, the bleachers repainted
The big screen scoreboard is re-hooked to the juice
The parking lot's filled with limos and Mercedes
The owners and players have a temporary truce
Now, we want real heroes our children can look up to
We want fair owners who treat loyal fans right
People who love baseball and the values we stand for
With all of their heart and their soul and their might
If you don't care what happens to our time-honored pastime
Then get the hell out of the way of those of us who do
Like the late Billy Martin and Tommy Lasorda
We want to cheer for real Yankees and bleed Dodger Blue

Goodbye to Vin Scully, Branch Rickey and Bill Veeck
Adios Harry Caray and real baseball, but what the heck?
We won't see Jackie Robinson slide on the big sports screen
The owners and players all want. . . more money
Yeah, the owners and players all want. . . more money. . .
Are there any more real Yankees?

Does anyone bleed Dodger Blue

 

 


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Sports Briefs----

Candlestick's Legends game taps rich vein of nostalgia
http://www.sfgate.com/style/article/Candlestick-s-Legends-game-taps-rich-vein-of-5623898.php


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California Nuts Briefs---

UC Davis study finds drought will cost California billions
http://www.sacbee.com/2014/07/15/6558062/uc-davis-study-finds-drought-will.html

Jean Quan tries to delay Coliseum vote, seeks more talks
http://www.sfgate.com/bayarea/matier-ross/article/Jean-Quan-tries-to-delay-Coliseum-vote-seeks-5624022.php?cmpid=hp-hc-bayarea



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“Gimme that Wine”

http://www.youtube.com/watch?v=EJnQoi8DSE8

Changing colors in Sonoma County vineyards signal approach of harvest
http://www.pressdemocrat.com/business/2379275-181/changing-colors-in-sonoma-county

Family Winemakers Cheered by Passage of Direct Shipping Statue in Massachusetts
http://www.winebusiness.com/content/file/MassDTCPR071114.pdf

Gallo family fortune close to $10bn
http://www.decanter.com/news/wine-news/587273/gallo-family-fortune-close-to-10bn

Q&A: Becky Wasserman-Hone
http://www.wine-searcher.com/m/2014/07/q-and-a-becky-wasserman-hone

Comparing the Great Growths of France
http://www.wine-searcher.com/m/2014/07/comparing-the-great-growths-of-france


Free Mobile Wine Program
http://leasingnews.org/archives/Feb2010/2_26.htm#mobile

Wine Prices by vintage
http://www.winezap.com
http://www.wine-searcher.com/

US/International Wine Events
http://www.localwineevents.com/

Winery Atlas
http://www.carterhouse.com/atlas/\

Leasing News Wine & Spirits Page
http://two.leasingnews.org/Recommendations/wnensprts.htm


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This Day in History

    1744 - Gerry Elbridge, Fifth Vice President of the US (1813—14), born at Marblehead, MA. He was a well-known “gadfly” and signer of the Declaration of Independence. His name became part of the language (gerrymander) after he signed a redistricting bill favoring his party while Governor of Massachusetts in 1812. http://www.elbridgegerry.com/ http://bioguide.congress.gov/scripts/biodisplay.pl?index=G http://odur.let.rug.nl/~usa/B/gerry/gerry.htm 000139
    1763 - Birthday of John Jacob Astor, Germany, fur trader who become a banker, at one time, the richest man in US.  One of the victims with his wife, Mary, aboard “Titanic”.
http://www.raken.com/american_wealth/encyclopedia/profile.asp?code=83          1794 - African Church of St Thomas in Philadelphia is dedicated http://www.pbs.org/wgbh/aia/part3/3h471.html
    1794 - Richard Allen organizes Philadelphia's Bethel African Methodist Episcopal Church.
http://earlyamerica.com/review/spring97/alle http://www.ame-church.org/amehist.htmln.html

    1821 - Spain ceded Florida to the United States.
    1821 - Andrew Jackson became the Governor of Florida.
    1854 - King's College opened in New York City. It later changed its name
to Columbia University (lower half of:
http://memory.loc.gov/ammem/today/jul17.html

http://www.columbia.edu/cu/aboutcolumbia/history.html
    1861 - Congress authorizes paper money.  The notes were $5 (Hamilton), $10 (Lincoln), and $20 (Liberty).  They were called “demand notes” because they were payable on demand at certain designated subtreasuries. They were not legal tender when first issued but were made so by the act of March 17, 1862.
    1862 - Senator Henry Wilson of Massachusetts introduced and Congress passed the military act to authorize military service by African-Americans. President Abraham Lincoln signed it. The act empowered the president to accept “persons of African descent for the purpose of constructing entrenchments or performing camp competent”. There was debate on blacks serving in the military, primarily from states that had seceded from the Union. There was a contingency of African-Americans who originally were going to fight on the side of the Confederates, primarily thought to protect their homes, property, and family. The government of the Confederate States refused to accept blacks into the Confederate army, whether “free man” or “slaves”, plus issued a declaration of forfeiture to those who joined the Union army.
    1863 - Harriet Tubman led Union Army guerillas into Maryland ,
freeing more than 700 slaves
http://www.awm.lee.army.mil/tubman.htm
http://www.digitalhistory.uh.edu/black_voices/voices_display.cfm?id=74
http://www.spartacus.schoolnet.co.uk/USASunderground.htm
http://www.digitalhistory.uh.edu/black_voices/voices_display.cfm?id=74
http://www.nwhp.org/tlp/biographies/tubman/tubman_bio.html
http://www.math.buffalo.edu/~sww/0history/hwny-tubman.html
    1863 - Battle of Honey Springs, largest battle of the war in Indian Territory http://www2.cr.nps.gov/abpp/battles/ok007.htm
http://www.ok-history.mus.ok.us/mus-sites/LHF-bhs.htm
http://www.civilwaralbum.com/indian/honey_springs1.htm
http://www.civilwaralbum.com/indian/honey_springs2.htm
http://www.oklahomaadventureguide.com/greencountry/
places/checotah.html
    1864 - Confederate President Jefferson Davis replaces General Joseph Johnston with John Bell Hood as commander of the Army of Tennessee. Davis, impatient with Johnston's defensive strategy in the Atlanta campaign, felt that Hood stood a better chance of saving Atlanta from the forces of Union General William T. Sherman. For nearly three months, Johnston and Sherman had maneuvered around the rugged corridor from Chattanooga to Atlanta. Although there was constant skirmishing, there were few major battles; Sherman kept trying to outflank Johnston, but his advances were blocked. Though this kept losses to a minimum, there was also a limit to how long Johnston could maintain this strategy as each move brought the armies closer to Atlanta. By July 17, 1864, Johnston was backed into the outskirts of Atlanta. Johnston felt his strategy was the only way to preserve the Army of Tennessee, but Davis felt that he had given up too much territory. In a telegram informing Johnston of his decision, Davis wrote, "you failed to arrest the advance of the enemy to the vicinity of Atlanta, far in the interior of Georgia, and express no confidence that you can defeat or repel him, you are hereby relieved from command of the Army and Department of Tennessee, which you will immediately turn over to General Hood." Davis selected Hood for his reputation as a fighting general, in contrast to Johnston's cautious nature. Hood did what Davis wanted and quickly attacked Sherman at Peachtree Creek on July 20 but with disastrous results. Hood attacked two more times, losing both and destroying his army's offensive capabilities. The next day the city was occupied by Union forces under Gen. William Tecumseh Sherman.
http://www.cviog.uga.edu/Projects/gainfo/johnston.htm http://www.cviog.uga.edu/Projects/gainfo/statues/jejohnston.htm
http://www.ah.dcr.state.nc.us/sections/hs/bentonvi/Main.htm
http://www.tennessee-scv.org/camp28/johnstonbio.html

http://www.moc.org/FlagCollection/Index.html
http://docsouth.unc.edu/gordon/gordon.html
http://www.findarticles.com/cf_dls/m2004/4_45/599619
78/p1/article.jhtml
http://www.gwest.org/46thmsin.htm
http://www.angelfire.com/ga3/confederaterebels/bat2.html
http://ngeorgia.com/history/allapass.html
http://www.netease.net/wayne/Hood.htm
http://www.dnet.net/personal/cwh/
http://www.tsha.utexas.edu/handbook/online/articles
/view/HH/fho49.html
    1867 - Harvard School of Dental Medicine was established in Boston, MA. It was the first dental school in America.
    1867 - Linda Anne Eastman birthday- U.S. librarian. LE developed the children's rooms at the Cleveland Public Library, developed library extensions in hospitals, and developed a Braille collection. In 1918, she became the first woman to head a metropolitan library system that, under her tutelage, became one of the largest and most complete library systems in the United States.  Its collection grew from 57,000 volumes to more than 2,000,000.
http://oasis.harvard.edu/html/sch00186.html#bioghist1
http://www.cpl.org/Locations.asp?FormMode=History
    1870 - A drunken brawl turns deadly when "Wild Bill" Hickok shoots two soldiers in self-defense, mortally wounding one of them. William Hickok had earned his reputation as a gunslinger a decade earlier after shooting three men in a gunfight in Nebraska. He parlayed his standing as a sure-shooting gunman into a haphazard career in law enforcement. In 1869, he was elected interim sheriff of Ellis County, Kansas. Hays City, the county seat, was a rough-and-tumble frontier town, and the citizens hoped Hickok could bring order to the chaos. Unfortunately, after Hickok had killed two men in the line of duty after just five weeks, they concluded that he was too wild for their tastes and they elected his deputy to replace him in November. Unemployed, Hickok passed his time gambling, drinking, and occasionally working as a hunting guide. He quickly became bored and was considering taking work at the nearby Fort Hays as an army scout. On this day in 1870, Hickok had been drinking hard at Drum's Saloon in Hays City. Five soldiers from the 7th Cavalry stationed at Fort Hays were also at the bar. They were drunk and began to exchange words with the notoriously prickly "Wild Bill." A brawl broke out, and the soldiers threw Hickok to the floor. One trooper tried to shoot Hickok, but the gun misfired. Hickok quickly pulled his own pistols and opened fire. He wounded one private in the knee and wrist, and another in the torso. The three remaining soldiers backed off, and Hickok exited the saloon and immediately left town. A clear case of self-defense, Hickok was cleared of any wrongdoing. Yet, one of the soldiers, Private John Kile, later died of his wound and Hickok's chances of becoming an army scout evaporated. He spent the next six years working in law enforcement, gambling, and appearing in Wild West shows. He was murdered in a Deadwood, South Dakota, saloon in 1876.
    1877 - Riots and violence erupted in several major American cities stemming from strikes against railroads in protest of wage cuts. Strikes started against the Baltimore & Ohio, and quickly spread west, with riots erupting in Baltimore, Pittsburgh, Chicago and St. Louis. Nine were killed when Federal troops were sent into Martinsburg, West Virginia. On July 21, 26 were killed and the Union Depot and machine shops were burned down.
    1889 - Erle Stanley Gardner (yes, Erle) American author of detective fiction, born at Maiden, MA. Best remembered for his series about lawyer-detective Perry Mason, Gardner also wrote novels under the pen name A.A. Fair.
    1891 - Anna Moscowitz Koss birthday - social-minded U.S. judge who devoted much of her private life to working for improving the services for women, juveniles, and children
http://www.huc.edu/aja/kross.htm
    1897 - The Steamer Portland arrived into Seattle from Alaska with 68 prospectors carrying more than a ton of gold. The Seattle Post-Intelligencer announced that men with gold from Alaska were landing. This unleashed the Klondike gold rush and tens of thousands headed for the Yukon. The Klondike gold rush gave America and Canada a psychological boost in getting the economy moving again after the terrible depression that followed the 1893 crash.
    1898 - Birthday of Berenice (sic.) Abbott, at Springfield, OH.  She went on to become a pioneer of American photography. She is best remembered for her black and white photography of New York City in the 1930's, many of which appeared in the book “Changing New York”.  After publishing this collection, she began photographing scientific experiments that illustrated the laws and processes of physics. She died at Monson, ME on December 11, 1991.  Her work was once described by an art critic as "...a chess game between light and shadow." Her portraits are among the most outstanding ever done, although she is best known for her studies of New York City.
http://www.spartacus.schoolnet.co.uk/USAPabbott.htm
http://www.nypl.org/research/chss/spe/art/photo/abbottex/abbott.html
http://www.artsmia.org/picture/print/abbott.shtml
http://www.3wposter.com/abbott.htm http://www.netstoreusa.com/pmbooks/188/1881270173.shtml
http://www.nmwa.org/legacy/bios/babbott.htm
http://women.eb.com/women/articles/Abbott_Berenice.html
http://www.artsmia.org/get-the-picture/abbott/index.html
    1899 – Birthday of American dancer and actor Jimmy Cagney.
    1912 – Birthday of American TV host Art Linkletter.
    1920 - Sinclair Lewis finished the now-famous novel, "Main Street".
http://us.history.wisc.edu/hist102/bios/32.html http://www.selfknowledge.com/mnstr10.htm
    1921 - Birthday of guitarist Mary Osborne, Minot, ND http://www.classicjazzguitar.com/artists/artists_page.jsp?artist=21
    1925 - Birthday of singer Jimmy Little Scott, Cleveland, OH http://www.fantasyjazz.com/html/scott_j_bio.html
http://www.nytimes.com/library/magazine/home/
20000827mag-jimmyscott.html
    1926 - Birthday of trumpet player Ray Copeland, Norfolk, VA.   
http://music.barnesandnoble.com/search/results.asp?ctr=93645
    1928 - Birthday of drummer Joe Morello, Springfield, MA.
http://www.dmprecords.com/JoeMorel.htm
http://www.drummerworld.com/drummers/Joe%20Morello.html
http://community-2.webtv.net/Jem33b/Morello/index.html
    1933 - Birthday of drummer Ben Riley, Savannah, GA.
http://www.jazzcorner.com/jokenrecords/riley.html
http://www.drummerworld.com/drummers/Ben%20Riley.html
    1933 - Dr. Albert Ernest Forsythe of Atlantic City , NJ , became the first African-Americans to make a transcontinental flight ( made by African-American Charles Alfred Anderson of Bryn Mawr , PA. ) He left Atlantic City on July 17 at 2:49am and arrived at Los Angeles, CA, on July 19 at 5:30pm.
     1934 - One of the worst heat waves in the history of the nation commenced. During the last two weeks of the month extreme heat claimed 679 lives in Michigan, including 300 in Detroit alone.
    1934 - Birthday of trumpet player Bobby Bradford, Cleveland, MS.
http://shopping.yahoo.com/shop?d=product&id=192700
5300&clink=dmmu.artist&a=b
http://www.gallery41.com/JazzArtists/BobbyBradford.htm
    1935 – Birthday of actress Diahann Carroll.
    1935 – Birthday of actor Donald Sutherland.
    1936 - General Francisco Franco led an uprising of army troops based in North Africa against the elected government of the Spanish Republic. Spain was quickly divided into a Nationalist and a Republican zone. Franco's Nationalists drew support from Fascist Italy and Nazi Germany. Many saw this as a war to follow in Europe later. The USA had their foreign policy as “Me First.” Ernest Hemingway is best known as a correspondent covering this war and for his short stories and novel, “For Whom the Bell Tolls.” On Apr 1, 1939, the Nationalists won a complete victory when they entered Madrid. Franco ruled as dictator in Spain until his death in 1975. http://memory.loc.gov/ammem/today/jul17.html
    http://www.coax.net/people/lwf/chief.htm
http://www.blackseek.com/bh/2001/212_CAnderson.htm
    1938 - Douglas Grace Corrigan, an unemployed airplane mechanic, left Brooklyn, NY's Floyd Bennett field, ostensibly headed for Los Angeles, CA, in a 1929 Curtis Robin monoplane. He landed 28 hours, 13 minutes later at Dublin, Ireland’s Baldonnel airport, after a 3,150 mill nonstop flight without radio or special navigation equipment and in violation of American and Irish flight regulations. Born at Galveston, Texas, January 22, 1907. Corrigan received a hero's welcome home; he was nicknamed “Wrong Way” Corrigan because he claimed he accidentally followed the wrong end of his compass needle. Died at New York, NY December 9, 1995.
    1939 - Charlie Barnet Band records “Cherokee” (Bluebird 10373)
    1941 - A prolonged heat wave over Washington State finally came to an end. Lightning from untimely thunderstorms was responsible for 598 forest fires.
    1941 - Birthday of Daryle “The Mad Bomber” Lamonica Oakland Raider and Buffalo Bill QB (AFL leading passer 1967)
http://www.niashf.org/inductees/lamonica_daryl.html . http://www.cmc.net/~chrisr/Lamonica/ND.html
http://www.oaklandraidersdarkside.com/images/
gallery/oldschool/imagepages/
daryle%20lamonica%20drops%20back.htm

    1943--WAYBUR, DAVID C. Medal of Honor Rank and organization: First Lieutenant, U.S. Army, 3d Reconnaissance Troop, 3d Infantry Division. Place and date: Near Agrigento, Sicily, 17 July 1943. Entered service at: Piedmont, Calif. Birth: Oakland, Calif. G.O. No.: 69, 21 October 1943. Citation: For conspicuous gallantry and intrepidity at the risk of life above and beyond the call of duty in action involving actual conflict with the enemy. Commander of a reconnaissance platoon, 1st Lt. Waybur volunteered to lead a 3-vehicle patrol into enemy-held territory to locate an isolated Ranger unit. Proceeding under cover of darkness, over roads known to be heavily mined, and strongly defended by road blocks and machinegun positions, the patrol's progress was halted at a bridge which had been destroyed by enemy troops and was suddenly cut off from its supporting vehicles by 4 enemy tanks. Although hopelessly outnumbered and out-gunned, and himself and his men completely exposed, he quickly dispersed his vehicles and ordered his gunners to open fire with their .30 and .50 caliber machineguns. Then, with ammunition exhausted, 3 of his men hit and himself seriously wounded, he seized his .45 caliber Thompson submachine gun and standing in the bright moonlight directly in the line of fire, alone engaged the leading tank at 30 yards and succeeded in killing the crewmembers, causing the tank to run onto the bridge and crash into the stream bed. After dispatching 1 of the men for aid he rallied the rest to cover and withstood the continued fire of the tanks till the arrival of aid the following morning.
    1944--Two ammunition ships explode at Port Chicago, California and kill 322, including 202 African-Americans assigned by the Navy to handle explosives. The resulting refusal of 258 African-Americans to return to the dangerous work forms the basis of the trial and conviction of 50 of the men in what is called the Port Chicago Mutiny. The glare of the explosion could be seen in San Francisco, some 35 miles away. It was the worst home-front disaster of World War II. Officially, the world's first atomic test explosion occurred on 16 July 1945 at Alamogordo, New Mexico; but the Port Chicago blast may well have been the world's first atomic detonation.  
    1950 - Top Hits
“Bewitched” - The Gordon Jenkins Orchestra (vocal: Mary Lou Williams)
“My Foolish Heart” - The Gordon Jenkins Orchestra (vocal: Eileen Wilson)
“Mona Lisa” - Nat King Cole
“Mississippi” - Red Foley
    1952 - George Shearing Quintet records “Lullaby of Birdland” (MGM 11354)
     1952-Birthday of David Hasselhoff, Baltimore, Maryland. Best known
for “Knight Rider” and “Baywatch.”
    1953 - The first Navy ace in Korea was Lieutenant Guy Bordelon, who achieved his fifth victory in a World-War-II-vintage propeller-driven F-4U Corsair. He was awarded the Navy Cross
http://m2reviews.cnsi.net/reviews/korean/f4u5n.htm
http://www.people.cornell.edu/pages/dz27/pages/library/bedcheck.html
http://www.history.navy.mil/nan/2000/nov-dec/chosin.htm
    1953 - PENDLETON, CHARLES F.  Medal of Honor
Rank and organization: Corporal. U.S. Army, Company D, 15th Infantry Regiment, 3d Infantry Division. Place and date: Near Choo Gung-Dong, Korea, 16 and 17 July 1953. Entered service at: Fort Worth, Tex. Born: 26 September 1931, Camden, Tenn. Citation: Cpl. Pendleton, a machine gunner with Company D, distinguished himself by conspicuous gallantry and indomitable courage above and beyond the call of duty in action against the enemy. After consolidating and establishing a defensive perimeter on a key terrain feature, friendly elements were attacked by a large hostile force. Cpl. Pendleton delivered deadly accurate fire into the approaching troops, killing approximately 15 and disorganizing the remainder with grenades. Unable to protect the flanks because of the narrow confines of the trench, he removed the machine gun from the tripod and, exposed to enemy observation, positioned it on his knee to improve his firing vantage. Observing a hostile infantryman jumping into the position, intent on throwing a grenade at his comrades, he whirled about and killed the attacker, then inflicted such heavy casualties on the enemy force that they retreated to regroup. After reorganizing, a second wave of hostile soldiers moved forward in an attempt to overrun the position and, later, when a hostile grenade landed nearby, Cpl. Pendleton quickly retrieved and hurled it back at the foe. Although he was burned by the hot shells ejecting from his weapon, and he was wounded by a grenade, he refused evacuation and continued to fire on the assaulting force. As enemy action increased in tempo, his machine gun was destroyed by a grenade but, undaunted, he grabbed a carbine and continued his heroic defense until mortally wounded by a mortar burst. Cpl. Pendleton's unflinching courage, gallant self-sacrifice, and consummate devotion to duty reflect lasting glory upon himself and uphold the finest traditions of the military service.
    1954 - The First Newport Jazz Festival. The 1956 movie “High Society” made this a worldwide event each year.
http://lycos.infoplease.com/ce6/ent/A0835462.html
http://www.pbs.org/jazz/exchange/exchange_festivals.htm
http://www.art4now.com/wepost2.htm
http://news.bbc.co.uk/low/english/special_report/1999/04/99
/duke_ellington/
newsid_325000/325871.stm
http://music.barnesandnoble.com/search/product.asp?ean=74646493229
http://www.jazzpix.com/Artist_Listing/Davis_Feature/Miles_Davis_591027/
Miles_Davis_Newport_Jazz_Fest_/miles_davis_newport_jazz_fest_.html

http://www.newportjazzfestival.com/
    1954 – The first major league baseball game in which the majority of the players on one team were African-American was played between the Brooklyn Dodgers and the Milwaukee Braves at Milwaukee, WI. the Braves won 6-to-1. The black players on the Brooklyn team were Donald N. Newcombe, pitcher; Roy Campanella, catcher; James William Gilliam, second base; Jackie Robinson, third base, and Edmundo Isasi Amoros, left field.
    1955 - Disneyland, America’s first theme park, opened at Anaheim, CA. I remember visiting it in 1956 and playing Dixieland at the Frontier Saloon, and watching it grow into an international attraction and destination site. Many did not know that Walt Disney had an apartment there and supervised all during the week. He would stay some weekends, and since the saloon originally did not serve anything alcoholic, he would attend some Dixieland sets with his famous paper cup.
    1958 - Top Hits
“The Purple People Eater” - Sheb Wooley
“Hard Headed Woman” - Elvis Presley
“Poor Little Fool” - Ricky Nelson
“Guess Things Happen that Way” - Johnny Cash
    1960 - Birthday of Scott Norwood, NFL kicker (Buffalo Bills-Super Bowl XXV goat).  With seconds remaining on the clock, Norwood’s 47 yard FG try to win the game sailed wide right, giving the NY Giants their second SB win in 1991.
http://www.angelfire.com/nv/billsthunder/LEVYSTORY.html
http://www.billsbackers.com/MarvLevy.htm
    1961 - Motown Records releases The Supremes' second single, "Buttered Popcorn" with "Who's Loving You" on the flip side. The record, featuring Florence Ballard on lead vocal, would be a total flop.
    1961 - Roger Maris loses a HR (of his 61) due to a rain-out. Ford Frick rules that if anyone breaks Babe Ruth 60 HR record, it must be done in 1st 154 games.  For years, Maris’ record carried an asterisk because he failed to accomplish the feat in Frick’s timetable.  The asterisk was subsequently removed by MLB.  For many baseball purists, Maris’ record is still the record given that those who surpassed him did so allegedly while using banned substances.
    1966 - Jim Ryun sets mile record (3:51:03)
http://www.ryun.house.gov/biography/
    1966 - Allen Ginsberg read poetry and Sopwith Camel performed in concert at the San Francisco Fillmore, to benefit Artist Reorganization Throughout San Francisco (A.R.T.S.).  Gary Goodrow of The Committee emceed.
http://leasingnews.org/items/Ginsberg_poster.gif
Artist: Wes Wilson
    1966 - Top Hits
“Hanky Panky” - Tommy James & The Shondells
“Wild Thing” - The Troggs
“You Don't Have to Say You Love Me” - Dusty Springfield
“Think of Me” - Buck Owens
    1974 - Bob Gibson of the St. Louis Cardinals struck out Cesar Geronimo of the Cincinnati Reds to become the second pitcher in baseball history, after Walter Johnson, to strike out 3,000 batters. Gibson pitched in the major leagues from 1959 through 1975 and finished with 3,117 strikeouts.
    1974 - Top Hits
“Rock Your Baby” - George McCrae
“Annie's Song” - John Denver
“On and On” - Gladys Knight & The Pips
“He Thinks I Still Care” - Anne Murray
    1978 – Pitcher George “Doc” Medich of the Texas Rangers saved the life of a fan suffering a heart attack before a game in Baltimore against the Orioles. Medich, a medical student, administered cardiac first aid until additional help arrived.
    1968 - The Beatles' film, “Yellow Submarine”, debuted in theatres this week. The Fab Four weren't originally too keen about the picture, but after seeing elements of the cartoon, liked it enough to make a cameo appearance at the end. The voices in the film were actually actors and not The Beatles themselves, but Ringo Starr said that years later, people were still asking him why he "pushed the button" that created all of the chaos in the animated picture.
    1980 - Ronald Reagan formally accepts Republican nomination for President. George H.W. Bush of Texas, former ambassador to the UN and former director of the CIA, was nominated for Vice-President. The Democratic National Convention in August then nominated President Jimmy Carter and Vice-President Walter Mondale.  Carter defeated Sen. Edward M. Kennedy of Massachusetts by a margin of nearly two to one. In November, Reagan gets 489 electoral votes to President Carter's 49, carrying 44 states with a popular vote of 42,797,153 to 34,434,100 with John Anderson, an independent candidate, picking up 5,533,927. Republicans picked up 12 Senate seats for a 54-46 majority, one independent. In the House, the Democrats lost 33 seats but kept a majority of 242-192, one seat independent.
    1982 - Top Hits
“Don't You Want Me” - The Human League
“Rosanna” - Toto
“Hurts So Good” - John Cougar
“'Till You're Gone” - Barbara Mandrell
     1984—Mothers Against Drunk Driving (MADD) helped pass the 21 Minimum Legal Drinking Age. 
www.madd.org
    1985 - The nation's second largest banking company, Bank of America, of San Francisco, CA, reported a second-quarter loss of $338 million.
    1986 - The largest bankruptcy filing in U.S. history took place as LTV Corporation asked for court protection from more than 20,000 creditors. LTV Corp. had debts in excess of $4 billion.
    1987 - Slow moving thunderstorms caused flooding on the Guadalupe River in Texas resulting in tragic loss of life. A bus and van leaving a summer youth camp stalled near the rapidly rising river, just west of the town of Comfort, and a powerful surge of water swept away 43 persons, mostly teenagers. Ten drowned in the floodwaters. Most of the others were rescued from tree tops by helicopter.
    1987 - Yankees' first baseman Don Mattingly becomes the first American League player to hit a home run in seven consecutive games.
    1988 - A dozen cities in the eastern U.S., and six others in California, reported record high temperatures for the date. Downtown San Francisco, CA, with a high of 103 degrees, obliterated their previous record high of 82 degrees. Philadelphia, PA, reported a record five straight days of 100 degree heat, and Baltimore, MD, reported a record eight days of 100 degree weather for the year. Afternoon and evening thunderstorms produced severe weather along the Middle Atlantic Coast, and over southern New England.
    1990 - The Minnesota Twins became the first team in major league history to record two triple plays in the same game when they turned the trick against the Boston Red Sox. But the Red Sox won, 1-0.
    1990 - Top Hits
“Step By Step” - New Kids on the Block
“She ain't Worth It” - Glenn Medeiros featuring Bobby Brown
“Hold On” - En Vogue
“The Dance” - Garth Brooks
    1995 - Netscape announced its Secure Sockets Layer (SSL) security product, designed to encourage Internet shopping. The company said the technology could conceal customers' credit card numbers from Internet merchants and hackers. At the time, the theft of credit card numbers on the Internet was costing merchants $100 million a year, Netscape officials said. The race to create security standards in the mid-1990s was followed by the explosion of Internet shopping's popularity in 1998 and 1999.
    1996 - TWA (Trans World Airlines) flight 800, carrying 230 people, including four cockpit crew members and 14 flight attendants, exploded, falling into the Atlantic Ocean off the coast of Long Island, New York. The Boeing 747 had lifted off from New York's John F. Kennedy Airport at 8:19 p.m. bound for Paris, France. The explosion happened about 26 minutes later, some 40 miles east of New York, as the plane was climbing through 13,800 feet. The victims included celebrities in sports, entertainment and the arts, business people, and vacationers. Possibly the most poignant were the deaths of sixteen teen-agers, all students from the Montoursville, PA high school French club, and their five chaperones. There are several theories as to the cause of the explosion. Some believe that the airliner was sabotaged and destroyed by a bomb planted on board. Others swore they knew the plane had been struck by a U.S. missile. But, after a 16-month probe, the FBI announced it had found no evidence of a criminal act or stray (or otherwise) missile. It has concluded that the crash was caused by electrical arcing in the plane's center fuel tank igniting fuel vapors.
    1997 - The Georgia O'Keefe Museum, opened in Santa Fe, NM. It housed major works by O'Keefe, whose paintings of desert scenes and flowers made her the best-known 20th-century artist of the American Southwest. It was the first art museum of importance devoted to the work of a woman. The museum, which contained 116 paintings and one sculpture, was housed in a sprawling adobe building renovated and expanded by architect Richard Gluckman. Peter H. Hassrick was the first director.
    2005 - Dave Matthews Band’s  “Dreamgirl” video premieres on VH1. The band snags one of Hollywood's top actresses for the latest video from its RCA album, "Stand Up." Appearing in her first film role since the birth of her twins last year, Julia Roberts stars in the Dave Meyers-directed clip.
    2005 - Kelly Clarkson's concert in Orlando, Fla., is cybercast live via AOLmusic.com. The show is also available on demand after the conclusion of the performance.

 

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Regents Capital Sues Balboa for $36,454 Attorney Fees
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    by kitmenkin@leasingnews.org
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   by Christopher Menkin
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   by Dwight Galloway, CLP, RLC Funding
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   and Two Others for $100 Million Leasing Fraud
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   Bulletin Board Complaint 
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